NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: Erohin v Regina [2006] NSWCCA 102
HEARING DATE(S): 21/02/06
JUDGMENT DATE: 7 April 2006
JUDGMENT OF: James J at 1; Simpson J at 107; Hall J at 108
DECISION: Appeal against conviction dismissed. Leave to appeal against the sentences granted. Appeal dismissed.
CATCHWORDS: CRIMINAL LAW – CONVICTION APPEAL - sexual intercourse without consent in circumstances of aggravation - indecent assault – Longman direction – SENTENCE – whether the effective overall sentence misjudges the actual level of criminality involved
Crimes Act (NSW) LEGISLATION CITED: Crimes Act 1958 (Vict) Criminal Appeal Rules Criminal Procedure Act
Crampton v The Queen (2001) 206 CLR 161 Crofts v The Queen (1996) 186 CLR 427 Doggett v The Queen (2001) 208 CLR 343 Dyers v The Queen (2002) 210 CLR 285 Kilby v The Queen (1973) 129 CLR 460 CASES CITED: KRM v The Queen (2000) 206 CLR 221 Longman v The Queen (1989) 168 CLR 79 R v BWT (2002) 54 NSWLR 241 R v Folli [2001] NSWCCA 531 R v MDB [2005] NSWCCA 354 R v Murray (1987) 11 NSWLR 12
PARTIES: Anatol Boris EROHIN v REGINA
FILE NUMBER(S): CCA 2005/1942 CCAP
COUNSEL: Ms V Lydiard - Crown T Game SC - Appellant
SOLICITORS: S Kavanagh (Solicitor for Public Prosecutions) - Crown Kerrisons The Law Firm - Appellant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 03/21/3236
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
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